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is indemnity insurance needed?

DeeDee87
DeeDee87 Posts: 17 Forumite
edited 13 August 2018 at 12:58PM in House buying, renting & selling
Hi All,
Sorry if this is in the wrong place,
Me and the boyfriend are first time buyers, three months ago tomorrow we had our offer excepted on a 3bed end of terrace house. (Herts England)
the solicitors have been going backwards and forwards over a few things for the past 8 weeks!


1) incomplete fixtures and fittings list and vendors sol is just re sending the incomplete one - our sol said to view property again and check the things missing/incomplete and decide if we want to purchase with those sold as seen - Booked in for tomorrow.


2) Manorial rights - our sol says as the property was copyhold then turned to freehold that we should get an indemnity insurance to cover us in the event of someone claims mining and sporting rights on the property.- she said the vendor should pay their sol refused and now suggests we should pay for it.


3) our sol asked for proof that the vendors sol was happy and has checked that the vendor has legal rights to sell the property, this is what she got as a response from the vendors sol:


"we are aware of our professional obligations. If we have accepted instructions it will be


because we have satisfied our own requirements in relation to ID but you are not entitled to


rely upon them and we are not prepared to divulge what our requirements are."






She is saying we should get a fraud indemnity insurance to cover us .


The money is not the issue at all, and if we really should get these then we will, are these necessary or is she just trying to make a few extra quid as she's asked for a quote for her team for the fraud indemnity.
Are we just being naïve FTB's in even thinking we should not get them? Are these standard things?


Any help would be very much appreciated.
Thank you.

Comments

  • Not sure whether an indemnity is necessary point 2, but really who pays often just comes down to who cares the most about refusing to pay. For point 3, if they've done their proper ID checks (and they say they have) I would not be shelling out for a fraud indemnity. That just sounds unnecessary.
  • DeeDee87
    DeeDee87 Posts: 17 Forumite
    Thanks very much Still_Ill_83, its much appreciated :)
  • jonnygee2
    jonnygee2 Posts: 2,086 Forumite
    Name Dropper First Post Combo Breaker First Anniversary
    She is saying we should get a fraud indemnity insurance to cover us .

    It's their job (both solicitors) to make the decision on whether they are satisfied to proceed with the sale. If they do their job badly and allow a fraudster to sell a house, you would sue the solicitor. So it's them who needs indemnity insurance, not you.
  • DeeDee87
    DeeDee87 Posts: 17 Forumite
    Thanks for that Jonnygee2 She made it sound like we would be paying for the indemnity to cover us , I will add that to the questions list.
  • jonnygee2
    jonnygee2 Posts: 2,086 Forumite
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    Just to clarify - as a professional solicitors they will already have indemnity insurance to cover themselves.

    So what I am saying is - imo a solicitor trying to sell you indemnity insurance is madness / a rip off.
  • lincroft1710
    lincroft1710 Posts: 17,640 Forumite
    Photogenic Name Dropper First Anniversary First Post
    Mining rights often belong to the original freeholder and their descendants, sometimes dating back hundreds of years. I wouldn't worry too much about sporting rights as you're probably unlikely to be shooting pheasant or grouse that fly over your back garden
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
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